Are contractors eligible for unemployment benefits in Washington?
I've been working as an independent contractor for the past two years doing graphic design work. My main client just ended our contract and I'm wondering if I can file for unemployment benefits through Washington ESD. I know contractors are usually not eligible but I've heard there might be some exceptions now? Has anyone been in this situation before?
45 comments


Alexis Robinson
Generally contractors aren't eligible for regular UI benefits in Washington because you haven't been paying into the system through payroll taxes. However, there are some specific situations where it might be possible depending on how your work was classified.
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Ashley Adams
•What kind of specific situations? I did work exclusively for one client for over a year.
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Alexis Robinson
•If you were misclassified as a contractor when you should have been an employee, you might have a case. The key factors are things like whether they controlled your work schedule, provided equipment, or treated you like other employees.
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Aaron Lee
this is so confusing, i thought contractors could never get unemployment at all
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Chloe Mitchell
•It's not that simple. Washington ESD looks at the actual working relationship, not just what the contract says. If you were doing employee-type work but classified as a contractor, you might be able to challenge that classification.
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Aaron Lee
•oh wow i had no idea. how would someone even go about challenging that?
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Michael Adams
I went through this exact situation last year! Was classified as a contractor but Washington ESD determined I was actually an employee based on how much control the company had over my work. Took forever to get through to someone at ESD to explain my case though.
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Ashley Adams
•How long did the whole process take? And were you able to get benefits?
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Michael Adams
•It took about 6 weeks total including the investigation. I did end up getting approved but only after providing tons of documentation about my work arrangement. The hardest part was actually getting someone on the phone at Washington ESD to walk me through what they needed.
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Natalie Wang
•If you're having trouble reaching Washington ESD, I recently discovered this service called Claimyr that helps people get through to ESD agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you need to discuss your contractor situation with someone.
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Noah Torres
The Washington ESD uses something called the 'ABC test' to determine if someone is truly an independent contractor or if they were misclassified. All three parts have to be met: A) free from control, B) work is outside the usual course of business, C) you have an independent business or trade.
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Ashley Adams
•That's really helpful! I definitely didn't meet the 'A' part - they controlled my schedule and required me to use their software and systems.
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Noah Torres
•That sounds like potential misclassification then. You should definitely apply and let Washington ESD investigate. They'll look at all the facts of your working relationship.
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Samantha Hall
ugh the whole contractor vs employee thing is such a mess. companies do this to avoid paying benefits and taxes then workers get screwed when they need unemployment
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Alexis Robinson
•You're right that some companies do misclassify workers to avoid costs. That's exactly why Washington has these protections in place to investigate questionable classifications.
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Ryan Young
•It's frustrating but at least Washington ESD will investigate if you file a claim. Better than some states where contractors have zero options.
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Chloe Mitchell
Here's what I'd recommend: File your claim anyway and let Washington ESD make the determination. Include detailed information about your work relationship - how much control they had, whether you worked set hours, if you used their equipment, etc. The worst they can say is no.
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Ashley Adams
•Good point. Is there any downside to filing if I'm not sure I'm eligible?
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Chloe Mitchell
•No downside to filing. If they determine you're not eligible, you'll just get a denial letter. But if you don't file, you'll never know if you might have qualified.
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Aaron Lee
how do you even file as a contractor? like what do you put for employer information
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Alexis Robinson
•You put the company that hired you as a contractor as your 'employer' and let Washington ESD sort out the classification issue. Include the dates you worked and how much you earned.
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Aaron Lee
•ok that makes sense. i was worried there would be some special contractor application or something
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Sophia Clark
Another thing to consider - even if you don't qualify for regular UI, you might be eligible for other programs. There's also the option to pay into the system going forward if you want unemployment coverage for future contract work.
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Ashley Adams
•Wait, contractors can pay into the unemployment system voluntarily?
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Sophia Clark
•Yes, Washington has an elective coverage program for certain types of workers including some contractors. You'd need to check with ESD about the specific requirements.
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Michael Adams
Just want to emphasize again how important it is to document everything about your work relationship. I kept emails, contracts, anything that showed how much control they had over my work. That documentation was crucial for my case.
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Ashley Adams
•That's really smart. I should gather all my emails and contract documents before I file.
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Katherine Harris
•Definitely do that. And if you need help explaining your situation to Washington ESD, that Claimyr service someone mentioned earlier might be useful. I used it last month to get through to an ESD agent about my adjudication issue.
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Madison Allen
i was a contractor for uber and they told me i couldn't get unemployment but maybe i should try again?
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Alexis Robinson
•Rideshare drivers are a special case - there have been ongoing legal battles about their classification. Rules may have changed since you last checked.
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Madison Allen
•yeah this was like 2 years ago. maybe worth another shot
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Natalie Wang
For anyone dealing with complicated contractor classification issues, I found that Claimyr really helped me get the right person at Washington ESD who understood my situation. Their phone system is so hard to navigate for complex cases like this.
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Joshua Wood
•How much does that service cost? Sounds too good to be true.
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Natalie Wang
•I don't want to focus on cost, but the value was definitely worth it for me. Saved me hours of being on hold and getting disconnected. The peace of mind alone was worth it.
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Justin Evans
The classification issue goes both ways too - I know someone who was getting unemployment as a contractor but then ESD determined they were actually properly classified and had to pay it back. So it's not automatic either way.
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Ashley Adams
•Oh wow, that's scary. So they can make you pay benefits back if they change their mind?
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Justin Evans
•Only if you weren't actually eligible in the first place. But that's why it's important to be honest about your work situation when you file.
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Emily Parker
Bottom line - if you worked like an employee but were called a contractor, you probably have a case. Washington ESD will investigate and make the determination. Don't assume you're not eligible without trying.
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Ashley Adams
•Thanks everyone! This has been super helpful. I'm going to gather my documentation and file a claim this week.
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Alexis Robinson
•Good luck! Remember to be detailed about your work relationship when you file. The more information you provide, the better they can evaluate your case.
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Ezra Collins
just wanted to add that the whole process can take a while if there's a classification dispute. don't expect quick answers but definitely worth pursuing if you think you were misclassified
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Ashley Adams
•Yeah, I'm prepared for it to take time. At least now I know it's worth trying instead of just assuming I'm not eligible.
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Victoria Scott
One more tip - when you file, make sure to mention specifically that you believe you were misclassified as a contractor. Don't just say you were a contractor and hope they figure it out. Be clear about your position.
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Ashley Adams
•Great advice! I'll make sure to be very clear about that when I file my claim.
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Benjamin Johnson
•And if you need to discuss this with someone at ESD, definitely consider using that Claimyr service. Complex classification issues really benefit from talking to an actual person who understands the nuances.
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